----- Original Message ----- From: <mmotyka@lsil.com> To: "Black Unicorn" <unicorn@schloss.li> Cc: <cypherpunks@cyberpass.net>; <declan@well.com> Sent: Monday, July 30, 2001 1:47 PM Subject: Re: DOJ jails reporter, Ashcroft allows more journalist subpoenas
Black Unicorn wrote:
No. Well hidden backups would put the reporter in a position of contempt, committing obstruction of justice or perjury. Better to escrow such documents with an attorney in a jurisdiction not likely to cooperate with the United States. (I can suggest several to interested parties privately).
That is one method of "well hidden"
No, that's not hidden.
How about placing blocks of data on a safe site? A petit Napoleon would be able to subpoena a plaintext copy of the data and possibly make a fight about getting the keys but would not be able to deprive the owner of the data.
Nope. Compare: Prosecutor: You retained copies of this document? Witness: Yes. Prosecutor: You were aware that all copies and original were subpoenaed by the court? Witness: Yes. Prosecutor: Where are these documents located? Witness: I won't answer that. (Oops) with: Prosecutor: You retained copies of this document? Witness: Yes. Prosecutor: You were aware that all copies and original were subpoened by the court? Witness: Yes. Prosecutor: Where are these documents located? [Witness: I placed blocks of data on a safe site so they would be accessible.] [Witness: I split a cryptographic key and spread it among my friends and encrypted the document to it.] [Witness: I (insert clever but legally naive cypherpunk solution here) the document.] (Oops) with: Prosecutor: You retained copies of this document? Witness: No. Prosecutor: You have none of these documents in your possession or control? Witness: No. Prosecutor: Are you aware of any other copies of this document? Witness: Yes. Prosecutor: Where are they? Witness: An attorney representing the ABC trust bought a copy of the document before I knew about these proceedings. Prosecutor: Why didn't you instruct this attorney to turn over the documents? Witness: I have here a copy of the agreement assigning all my rights to the document over to this Isle of Man trust under control of the attorney listed here. I understand Simon and Schuster has expressed interest in the manuscript but since I no longer have the power to influence the fate of the document I cannot produce it, or I most certainly would comply with the court's most legitimate wishes and interest in effecting justice.
Why should an owner not be allowed to retain a copy?
Cause the court says so.
Mike